PyroAuction.com User Agreement

The following describes the terms on which PyroAuction.com offers you access to our services. By using the services available from the domain and sub-domains of http://www.pyroauction.com (hereafter referred to as “PyroAuction” or the "website") you are agreeing to the terms listed below. This User Agreement may be changed at any time and without direct notice to individual visitors, so it is recommended that you check back with this page at any time you have questions or concerns.

Introduction

The purpose of PyroAuction is to provide a place for fireworks enthusiasts to buy and sell pyrotechnic-related merchandise. This website is intended to be a friendly, enjoyable and useful experience, but as with anything concerning any kind of transactions there are risks involved and we strongly advise you to understand all of these terms before joining. Before you may become a member of PyroAuction, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information.

This Agreement is effective on Monday April 7th, 2008 for current users, and upon acceptance for new users.

General Terms

This site acts as the window for sellers to conduct auctions and for bidders to bid on sellers' auctions. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items listed the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchases of items they have bid on. In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretence.

PyroAuction.com shall not be responsible for any items sold by Auction, for any damage to items during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. This website shall not be responsible for the cost of procurement of substitute goods or any losses resulting form any goods purchased or obtained. This website assumes no liability for the content of the listings. However if you fall victim of a fraudulent transaction we will assist you as much as we can.

Fees and Services

Joining PyroAuction, selling, and bidding on listed items is free. A percentage fee for each successful sale is charged to the seller. Other services, such as listing highlights and posting “wanted” ads require a small fee. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Site Fees page, which we may change from time to time. Changes to the Site Fees page are effective after we provide you with at least fourteen days' notice by posting the changes on the webite. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the Site.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner using Paypal. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 90 days past due, deducting the amount owed from your credit card.)

Membership

Membership to PyroAuction is only available to those who meet the following requirements:

1. You must be 18 years of age or older, and able to form a legally binding contract. This website does not permit minors (under18) to register. If any member fails to signup with their correct age the account will be terminated immediately.

2. You must have a Paypal account through which you can make/receive payments on auctions.

Your Conduct and the Acceptable Use of PyroAuction

You are solely responsible for the contents of your actions through this website. You must ensure that your participation in the selling or buying of items does not violate any applicable laws or regulations. By this we mean that you must check that you entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation.

While using the PyroAuction auction service, you will not:

• post content or items in an inappropriate category or areas on the website;
• violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items policies;
• use the website if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our website;
• fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
• fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
• manipulate the price of any item or interfere with other user's listings;
• circumvent or manipulate our fee structure, the billing process, or fees owed to PyroAuction;
• post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
• take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the website or for using it for purposes unrelated to PyroAuction);
• distribute or post spam, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm PyroAuction, or the interests or property of PyroAuction users;
• copy, modify, or distribute content from the site and PyroAuction’s copyrights and trademarks; or
• harvest or otherwise collect information about users, including email addresses, without their consent.
  

Rights To Suspend or Terminate

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the website if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts. You agree that PyroAuction, at its own discretion, may terminate any auction or use of the service immediately and without notice if:

• We believe that you are not abiding by the terms listed in this agreement
• You have repeatedly broken a certain term
• You have listed a suspicious item or a forbidden item
• We believe you to be a non-paying bidder.
  

In most cases when we suspect foul play we will suspend your account/listing whilst we investigate further. If our investigation is conclusive then your account with us will be terminated.

PyroAuction and the Community work together to keep the site working properly and the Community safe. Please report problems, illegal or offensive content, and policy violations to us.

Allowed Items for buy/sell/trade

• Books, manuals, guides, videos, and DVDs pertaining to fireworks and explosives

• Chemicals OTHER than metallic fuels and oxidizers, including organic fuels, binders, color producers, color enhancers.
• Fireworks-related clothing and gear, such as shirts, hats, coats, bags, gloves, and keychains
• Electrical firing systems and components, such as switches, wires, cases, etc
• Visco fuse, fast visco, fish fuse, crackling fuse, sticky match (NOT quick match) and other fuses classified as 1.4S by the USDOT
• Mortar tubes (fiberglass, HDPE, paper) and mortar racks
• Tools and gear, including safety equipment, continuity testers, hard hats,
• Fireworks making components such as paper tubes, end caps, and plastic shell parts
• Any other miscellaneous fireworks-related items, such as calendars

The following items MAY NOT, under any circumstances, be listed on PyroAuction

• Fireworks classified as 1.4G or 1.3G by the USDOT
• Quick match and other means of ignition classified as 1.3G by the USDOT
• Kits for making exploding fireworks (such as selling a set that includes fuse, tubes, and chemicals)
• Black powder, flash powder, or any other mixture capable of a self-sustaining reaction
• Stars, inserts, or any other finished fireworks components

Content License

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.)

Liability

You will not hold PyroAuction.com or Colin Bradley responsible for other users' actions or inactions, including things they post. You acknowledge that PyroAuction is not an 'auctioneer.' Although we are commonly referred to as an online auction website, it is important to realize that we are not a traditional auctioneer. Instead, the Site is a venue to allow anyone to offer, sell, and buy various products, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers.

We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of the Uniform Commercial Code � 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with the Uniform Commercial Code � 2-401(2). Further, we cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Site. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action, giving rise to the liability, and (b) $100.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Access and Interference

The Site contains robot exclusion headers. Much of the information on the website is updated on a real-time basis and is proprietary or is licensed to PyroAuction by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.

Additionally, you agree that you will not:

• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the website without the prior expressed written permission of PyroAuction and the appropriate third party, as applicable;
• interfere or attempt to interfere with the proper working of the website or any activities conducted on the website; or
• bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the website.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the PyroAuction Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the PyroAuction Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.

Indemnity